Erie County Common Pleas Court silences guns at local firing range

VERMILION TOWNSHIP -- A court has ordered area gun enthusiasts to stop firing at a local gun range.

The ruling came this month as part of the continuing litigation between the Vermilion Fish and Game Club, 13617 Thompson Road, and neighbors who sued the club three years ago in Erie County Common Pleas Court over constant loud noise from gunfire. Judge Roger E. Binette this month ordered club members to cease fire.

"I'm just hoping my clients can get some peace and quiet," said attorney James S. Gemelas, of Elyria. He represents Marc and Allison Tramontana, of Briar Lane, two of the neighbors who filed the case against the club.

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The Tramontanas, in 1999, moved into their house next to the club. The problems began two years later when the club created a 300-yard shooting range about 300 feet from the property line, said Gemelas and Marc Tramontana.

The club opened the range without obtaining the proper zoning variance, according to the ruling from Binette. He ordered the range closed until the club applies for the variance and it is approved by the Vermilion Township Zoning Board of Appeals.

"They illegally moved the gun range to another piece of property they had and they expanded it," Marc Tramontana said.

The noise from gunfire was so loud, it became impossible to talk on a cell telephone or hold parties outside his home, Tramontana said. He also blamed Vermilion Township officials for ignoring his complaints about the range.

"I lost three years of enjoyment of my house," he said. "It was embarrassing. It was embarrassing that the township let it happen, because those people get paid a salary to protect the citizens."

The problem grew in 2007, when the club changed its bylaws to increase members from outside Vermilion Township, he said.

Since Binette's ruling last week, the club has not applied for the variance, said club attorney Kevin Zeiher of Sandusky.

Binette also ruled there are a number of issues that could be considered by a jury.

"Having reviewed the record, this court finds that there are a whole host of genuine issues of material fact which preclude granting" judgment for Vermilion Fish and Game club, Binette ruled. He cited issues including whether there were other ways to operate the range so as not to affect the Tramontanas, whether they have suffered hearing loss and whether the added membership increased usage of the range.

The case was scheduled to go to trial on July 31. Instead, the sides will gather again for a settlement conference.

However, neither side sounded optimistic about settling the case without a jury trial.

The club has made a settlement offer to the Tramontanas, Zeiher said.

"We have discussed some relief that would be provided by the club that would provide some change in what the plaintiffs are hearing," Zeiher said.

A possible settlement includes working on the design of the range and "a financial component," Zeiher said, although he declined to name an amount of money.

"There are a number of issues that prevail that I don't know how else they're going to be resolved unless we go to trial," Zeiher said.

Tramontana and Gemelas also said they expect the case to go to trial.

The issue could have been settled long ago if club leaders were willing to cooperate, Tramontana said.